Lawyers of Gag, Is blocking somebody's path an example of false imprisonment?

[Telekinetic-Potato]

The way I understand it, if someone stands in front of you and refuses to get out of your way, and the only way out is past the, you're in trouble. Move past them and if you so much as bump shoulders, that could be battery.

But isn't the situation in of itself an example of restraining someone's liberty by force?

I tried to read some cases but most of them felt irrelevant. Any lawyers on here?

[nolabels]

I run across this type of situation fairly often.

I've very often found myself walking down the hallway of an office building, approaching a group of "people" coming from the other direction. They're usually grouped up closely when I first see them. As they draw nearer to me, they'll spread out to form a wall as they continue along the hallway, necessitating the bumping of shoulders in order for me to pass.

These events are clearly of a racially motivated, hateful nature.

After experiencing this behavior a number of times, I did some research and have found this phenomenon to be greatly increasing in "society". There is a group of people who've taken the "I will not willingly get out of the way of a white man" concept to the extreme of doing everything they can to get in the way of a white man.

Ridiculous and petty, that kind of behavior talks about their own bigotry.

False imprisonment? I wouldn't think so. I'm not being restrained in any manner.

I don't know if there are laws that deal with obstructing free passage in a public thoroughfare. I would imagine that there might be.

I've considered taking video of such events for proof of such behavior.

I have taken pictures of some of these "people" for identification in the case that their racially hateful behavior becomes a threat to me.

That's happened, too.

Pitiful.

[Anonymous]

I’m no lawyer, but most states have a law on the books that prohibits impeding traffic on a road, highway, street, sidewalk, passageway, aisle, and doorway.

For example, in Louisiana:

”No person shall wilfully obstruct the free, convenient and normal use of any public sidewalk, street, highway, bridge, alley, road, or other passageway, or the entrance, corridor or passage of any public building, structure, water craft or ferry, by impeding, hindering, stifling, retarding or restraining traffic or passage thereon or therein.

Whoever violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both fined and imprisoned.”

False imprisonment and kidnapping typically involves some type of force, or threat of force. Restricting someone’s movement/passage doesn’t necessarily mean that you are threatening them directly (assault) or laying hands on them (battery). However blocking someone’s passage or impeding their movement can, by itself, be an aggressive movement and one of harassment. Hence it tends to fall under a separate statue with its own laws and penalties.

[purplepoppy]

There's a problem with just this in the UK, in particularly London at the minute. Protesters regularly block roads, either by sitting down or walking at snails pace.

Blocking is illegal without just cause, you are perfectly entitled to demolish a fence blocking a right of way. Demolishing a person is a different matter.

So I would say blocking is illegal but it's the reason you block someone that the courts would be taking into account.

[KostasKouvalis]

I think that's bullshit, honestly. I dare them to try that shit in the South or in the Midwest. They'll get run over with a truck and the courts and politicians will protect the driver😂

https://youtu.be/L6F2AqzdXuI

[ShesRad80]

physically putting your hands on someone who is only blocking you can actually get you an assault charge, basically you can go another way or call the cops but make sure to video them if you can. the law will argue you have no right to put your hands on another, but i get what you are saying. again the law will say you should have called police and or found another way around it

[OlderAndWiser]

Blocking someone's path is not false imprisonment unless you have no other way of proceeding to your goal, and if the blocking occurs for a substantial time and not merely a few moments.

[Telekinetic-Potato]

I keep hearing this answer but I think it's really unclear. What if it's a hallway and the person is acting disorderly, making annoying, repetitious comments and jumping in front of you wherever you go?

If you put your hands in your pocket and they jump in front of you and throw themselves to the ground when you make contact, what then?

And assuming there's a camera recording this, what if it's arguable who touched who. If I'm walking in a straight line and someone jumps in front of me and I walk into their open palm, how could someone argue that's not the other person touching me?

[OlderAndWiser]

If you can develop a definition which is more precise, I can imagine factual situations in which its application would lead to absurd results.

[FunkyMonkee]

Like, if you're on a highway and climate idiots are blocking the road keeping everyone from getting to work, or wherever?

[Wallythewalrus]

In my state, false imprisonment occur's when someone holds you against your will, whether by force, threat of force or you actually thinking force maybe used, for no legal reason. It is considered false imprisonment (unlawful detainment) the second you feel threatened. No period of time needs to pass. You are legally allowed to match any force, including deadly, to escape if there are no other options. It seems, as @Slingblade1126, said, some seem confused with lawful detainment. Yes, in that case, if a period of time elapses without proper authorities taking control of the situation, false imprisonment becomes a legal issue. Every state differs.

[Drewtate]

Hard to say. Commonsense says if they are blocking your way you should use good judgement to avoid escalating the situation ie call the cops.

Stuff like this is often a deliberate way to get a lawsuit on you. You see that in a lot of Karen videos on YouTube, the videoer has instigated things so as to get a reaction or over reaction.

[Slingblade1126]

If someone is unlawfully detaining you, at times this can even include the police, you can use any force necessary to escape. You wouldn't be charged criminally (most likely) but you could get hit with a civil lawsuit.

[Slingblade1126]

I think some people are confusing "lawful" detainment with "unlawful" detainment. If I witness you committing a crime, I can legally detain you using reasonable force until authorities get there but I can't use deadly force, unless threatened with deadly force and I can't intentionally injure you. Also, since I don't have the authority to legally arrest you of a suspected crime, I can only detain you for a reasonable amount of time, in my state it's roughly an hour, or it does become false imprisonment. Unlawful detainment occurs the second I tell you cannot leave, against your will, without any legal reason. States do differ, however.

[ProbablyClueless]

No, false imprisonment is a step beyond that; there's a whole psychological element. You have to prevent the person from taking every reasonable means of escape for an unreasonable period of time.

[Avicenna]

LOL, this sort of thing is covered in Torts classes. Was there really no other way out, like going back the way you came?

[Telekinetic-Potato]

Yea, I'm talking about like one of those Karen videos where she backs you into a corner or moves in a way where it would be very difficult to avoid touching them. Because they're intentionally blocking you.

[BoopBoopBeep]

are you on a pirate's plank? why can't you just turn around and walk back as you came?

[andreasderjuengere]

An attorney, and a judge may have opposing answers on this :D

[Dargil]

It's the equivalent of locking your car.

[Agape93]

@OlderAndWiser